Asbestos Lawsuits: Compensation After Asbestos Exposure

By September 26, 2017Mesothelioma

Many companies wrongfully exposed workers to asbestos throughout the better part of the 20th century. Each day, those same workers are being diagnosed with asbestos-related cancers, incurring medical costs for treatment, and experiencing numerous other consequences which can all be traced back to their exposure. In many cases, compensation is available to these asbestos victims and their family members.

Whether through asbestos trust funds or filing a claim against the parties responsible for your exposure, it’s always important to discuss your compensation options with an experienced attorney. Victims of mesothelioma and asbestos-related lung cancer should seek counsel as soon as possible to determine an effective course of action.

An experienced and professional lawyer will be able to evaluate your case and collect all of the required information to file your asbestos lawsuit quickly in order to help you seek justice and compensation.

Due to statutes of limitation in each state, you should seek legal advice as soon as possible in order to file your asbestos lawsuit within the legal timeframes required. These laws limit the time that you to seek compensation before you are forever barred from filing a lawsuit.

An attorney can provide you with a confidential case evaluation in order to begin an investigation into your asbestos exposure and determine the parties responsible. He or she can help you achieve a favorable outcome, whether that be a verdict or a settlement, and fight for your share of any available asbestos trust funds.

For this reason, you should seek legal counsel as soon as possible following any asbestos-related diagnosis.

Building Your Case: A Verifiable Diagnosis of an Asbestos-Related Disease

In order to pursue your asbestos claim, the most important evidence needed to prove your case is a diagnosis of a medical condition like mesothelioma or asbestos-related lung cancer.

To establish “verifiable asbestos exposure,” you will be required to present a pathology report from a professional medical specialist which details the presence of these mesothelioma or lung cancer cells in your body. Typically, a doctor will make this diagnosis following a medical exam which might include a physical exam, imaging tests, blood tests, and biopsies.

Further Evidence: Establishing the Source of Your Exposure

After you have been formally diagnosed with an asbestos-related disease, the next requirement is proving the source of your exposure. Your lawyer and legal team can work with you to determine all possible causes, parties, products, and circumstances that may be responsible for your asbestos exposure.  Due to the latency of these diseases, it is likely that you were exposed to asbestos many, many years ago. It is important to discuss any possible instances of exposure with your attorney, especially your work history, to determine the source.

Based on the source of your exposure and individual circumstances, asbestos lawsuits may include primary exposure, secondary exposure, wrongful death, or class action suits.

Types of Compensation

The burden of asbestos-related diseases on victims and their families can be great. Compensation for asbestos exposure and subsequent illnesses can also include repayment for losses that you and your family may have suffered because of these injuries. Depending on what you and your family may have endured as a consequence of your diagnosis, a lawyer may be able to obtain many types of compensation. These include the following:

  • Medical expenses, including those treatments your doctor may recommend in the future
  • Past and future lost wages, including diminished capacity to work
  • Pain and suffering
  • Emotional distress
  • Loss of consortium or companionship to a spouse
  • Travel expenses related to your treatment
  • In-home care and medical equipment
  • Funeral expenses
  • Punitive damages, in the case of extreme misconduct by the responsible party

Seeking legal help for your case will allow a lawyer to handle the compensation aspect of your claim while you focus on treatment, spending time with your family, and improving your quality of life.

Asbestos Trust Funds

There is a growing trust fund of over $34 billion sourced from bankrupted and existing companies responsible for exposing their former employees to asbestos.

These asbestos trust funds were created to compensate millions of former employees who were exposed while working for them and who later developed asbestos-related diseases like mesothelioma and lung cancer. These trust funds were established to ensure that victims would receive financial help regardless of whether the at-fault company went out of business, sold, or continued to operate after bankruptcy.

If you are a victim of asbestos exposure at the hands of one of these companies, an experienced attorney and legal team can help you reach that money. Of course, there are evidence requirements, rules for submission of that evidence, waiting periods, and limits to payments you can receive under a trust. An experienced lawyer can help educate you on your right to compensation and represent you in your attempts to recover from these trust funds.

Time is Limited

Due to the timing of the statute of limitations and the deadly and aggressive nature of asbestos-related cancers, it is important that you seek legal advice as soon as possible. You may be prevented from recovering any amount at all if you exceed the legal time limits allowed for filing a lawsuit. The sooner a legal team can begin work on your case, the more likely an effective outcome can be achieved.

An experienced lawyer can help you gather and document all of the medical and occupational evidence necessary for your case and establish which parties are responsible for your asbestos exposure and subsequent injuries. He or she will help you total your damages and determine how much compensation you may rightfully seek. And finally, an effective lawyer will file your lawsuit, pursue any available asbestos trust funds from which you may be entitled to recover, and work hard to achieve satisfactory compensation for you as quickly as possible.